Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing : Death Sentence – Commutation of – Award of death sentence in a rape and murder case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing : Death Sentence – Commutation of – Award of death sentence in a rape and murder case – Commutation sought on the grounds of delay in disposal of mercy petition and solitary confinement from the date of conviction order till the disposal of mercy petition – Held: Undue long delay in execution of death sentence would entitle the condemned prisoner to pray for commuting the death sentence to that of life imprisonment – On facts, the alleged period is of two years and three months, starting from the receipt of the mercy petition by the Central Government till the disposal – Mercy petition was disposed on two levels i.e., Governor and the President during the said period – Time taken by the authorities and the functionaries cannot be termed as “inordinate delay” – Thus, it cannot be said that there was delay in deciding the mercy petition – As regards solitary confinement, segregation of a convict from the day when he was awarded death sentence till his mercy petition was disposed of, would be in violation of law laid down in Sunil Batra’s case – On facts, incarceration of the accused in solitary confinement and segregation from 2006 to 2013 was without the sanction of law and completely opposed to the principles laid down by this Court –Period of solitary confinement is for about 10 years – Letter by the medical professional show ill effects on the well-being of the accused due to incarceration in solitary confinement – Thus, to meet the ends of justice, the death sentence commuted to life imprisonment for minimum 30 years. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2022 INSC 1173 |
Petitioner | B. A. Umesh |
Respondent | Union Of India & Ors. |
SCR | [2022] 8 S.C.R. 628 |
Judgement Date | 2022-11-04 |
Case Number | 1892 |
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